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'Vulnerability' left in UK constitution after UKIMA review
'Vulnerability' left in UK constitution after UKIMA review

The National

time20-07-2025

  • Business
  • The National

'Vulnerability' left in UK constitution after UKIMA review

The Internal Market Act (UKIMA) faced fierce criticism from devolved administrations when it was introduced in 2020 to regulate trade within the UK following EU withdrawal. They argued it enabled Westminster to override devolved decision-making in areas such as public health and food standards in pursuit of a unified UK market. After winning power in 2024, the Labour Government announced it would be reviewing the legislation. The findings of the UKIMA review were published last Tuesday. The review introduced procedural changes – including a mechanism to fast-track exclusions from the act where the economic impact is less than £10 million per year – and pledged to prioritise the use of common frameworks, post-Brexit agreements intended to manage formerly EU-governed policy areas collaboratively. READ MORE: Lesley Riddoch: I was steered by BBC bosses on how to report. I ignored it However, the review's changes are not legally binding and could easily be reversed, Professor Thomas Horsley, a constitutional law expert at the University of Liverpool, said. 'All they've done is said, 'these legal powers that exist, we commit politically to exercise them in accordance with what we agree in the common frameworks',' Horsley said. 'But that is a political commitment, and we all know that intergovernmental commitments can be – even the strongest ones – can be disregarded by a particular recalcitrant government in London. 'So the constitutional vulnerability, if you want to put it like that, remains.' He also said the £10m threshold below which UKIMA exclusions would be fast-tracked was a 'low bar', noting that it could be met by the turnover of a single company. Following the publication of Labour's review, both the SNP Government in Edinburgh and the Welsh Government in Cardiff welcomed changes to the exclusions process – but called for UKIMA to be fully repealed. Welsh Deputy First Minister Huw Irranca-Davies (Image: Welsh Government) Huw Irranca-Davies, the Deputy First Minister of Wales, said: 'We particularly welcome the commitment to implement any exclusions agreed via common frameworks, which should improve the functioning of the UK internal market. The common frameworks operate on a clear set of principles which fully respect devolution and include dispute resolution mechanisms. 'However, it is our long-standing and consistent view that the act should be repealed and replaced with a system, underpinned by legislation, designed around the common frameworks.' Scottish Constitution Secretary Angus Robertson hit out in stronger terms, saying UKIMA 'introduces radical new uncertainty as to the effect of laws passed by the Scottish Parliament and effectively provides a veto to UK ministers'. 'Nothing set out in the UK Government's response to the review changes this position, which is completely unacceptable,' he went on. READ MORE: Kate Forbes calls for Internal Market Act to be scrapped 'The conclusion of the review falls well short of our stated position of repeal and replace UKIMA, and indeed short of the legislative change required to mitigate the most damaging aspects of the operation of UKIMA.' Horsley said he could understand the argument being made by the devolved governments, that the 'common frameworks can do it all' and UKIMA is unnecessary. 'It is precarious because if things don't get agreed through the common frameworks – or a future UK Government decides, well, these political commitments we made, we're changing our mind – the legal powers are still there,' he said. 'This review doesn't change the legal framework, it just says, wait a minute, we're going to park it in the background and we're going to try and work using more intergovernmental political mechanisms, the common frameworks.' However, Horsley said that although the Labour Government's review has resulted only in political pledges, it was 'definitely a move in the right direction and a move that speaks to the ambition of the UK Government to reset relations'. He went on: 'There are other parts of UKIMA which are just not discussed. [The devolved governments] would like to reopen discussions around the direct payments that can be made from London in devolved areas. So there are things that are not so narrowly related to intratrade that are still rubbing up wounds. 'But in terms of just narrowly looking at UKIMA and the market access principles, there are some positive things there and some clear commitments from the UK Government towards more consensual policy making … which is very different to obviously the more abrasive approach which preceded under previous governments.' READ MORE: John Swinney sets out 3-point plan for fresh independence push In late 2024, Horsley was one of four constitutional legal experts to co-author a report on UKIMA which concluded that reform of the legislation was 'essential to restore intergovernmental trust'. Asked if Labour's review had provided that essential reform, he said: 'What this review shows is that there is more work to be done, but it's around those common frameworks. 'It's now shifting the attention to making the common frameworks work. These are not off-the-shelf things that are super functioning and solve all the problems. 'So the work between the governments now is going to have to be making those common frameworks work.' Douglas Alexander is UK Trade Policy Minister (Image: UK Parliament) After the review was published, UK Trade Policy Minister Douglas Alexander acknowledged there were 'real concerns' about how the laws have operated, and pledged "improvements'. Alexander stressed the importance of having a 'well-functioning UK internal market' as part of the Government's 'ambition to improve economic growth for the benefit of businesses and people in all parts of our country'. He added: 'Latest figures show that trade between the four nations of the UK is valued at £129 billion and that it is particularly important to the economies of Scotland, Wales, and Northern Ireland.'

Election of 37 Scottish Labour MPs has been a disaster for Scotland
Election of 37 Scottish Labour MPs has been a disaster for Scotland

The National

time17-07-2025

  • Business
  • The National

Election of 37 Scottish Labour MPs has been a disaster for Scotland

With the commendable exception of Brian Leishman, these Scottish MPs have toed the London-orchestrated party line and remained silent while Scotland has been stitched-up. Pensioners, children, Waspi women, the disabled and the poor have been denied the support one would expect of a purportedly socialist party while, contrary to the rhetoric, the 'good deals' on industrial infrastructure have been committed to projects in England without comparable investment in Scotland to benefit the workers of this country. READ MORE: Brian Leishman: 'Anas Sarwar hasn't spoken to me in 6 months' The Acorn carbon capture and storage project in Scotland was set to go ahead, yet £22 billion was committed by the [[UK Government]] to nascent projects in England while Acorn and Scottish Cluster partners have been advised they may receive a token amount of around £200 million in development funding. This same relatively paltry amount of around 200 £million is what may be paid out by the [[UK Government]] 'to support the area's economic transition' while the Grangemouth refinery is shut down and hundreds of workers lose their jobs; yet the same Labour [[UK Government]] immediately committed to maintaining operations at the loss-making Lindsey oil refinery while refusing to reveal the cost to taxpayers. This follows [[UK Government]] funding of £2.5bn to keep Scunthorpe's British Steel plant open. As if this continued heavily distorted UK infrastructure investment wasn't bad enough for Scotland, the Labour Party have rowed back from repealing the Tory's Internal Market Act, which further restricts the already limited powers of the Scottish Government. To add insult to injury, we now learn that the Secretary of State for Scotland, Ian Murray (aka Starmer's Scottish poodle), has the audacity to claim he has no role in delivering devolution deals for Scottish cities as disingenuous justification for Glasgow and Edinburgh not receiving the funding provided by the [[UK Government]] for City Deals in England. READ MORE: Anas Sarwar silent as Brian Leishman thrown out of Labour Regarding my own Lothian East MP, it appears that he learned nothing from his complicity as a [[UK Government]] minister in the illegal invasion of Iraq, and by his relative silence he is now despicably complicit in the ethnic cleansing of Gaza and the West Bank. Neither Douglas Alexander, nor the [[Labour Party]], speaks for me or for the vast majority of the people of Scotland. In the 2026 Holyrood election it is important that everyone who believes in democracy and cares for the futures of our children to grow up, study, live and prosper in Scotland, gets out and votes for a party that will speak up for the right of the people of Scotland to determine their own future via the directly elected Scottish Parliament. Stan Grodynski Longniddry, East Lothian I WOULD have had some respect for Thom Cross's Long Letter (Jul 16) if he had said objectively only the SNP WILL win independence rather than CAN win independence. However, without some clear Damascene policy strategic and tactical revelation, I'm sorry, but I am not going to vote for this contemporary SNP as I have done in the past. Sadly not only are they not listening to the message, they stoically refuse to even hear it. It's going to take a major reversal for them to get with the indy support, and a drubbing at the polls again next year may well deliver it. And all this does is force the campaign further down the road, which seems to be game they are playing. READ MORE: Legal rights without enforcement are merely political ornaments I also don't understand where Thom Cross is coming from by seeking to persuade us Scotland is not a colony. The very existence of the Scottish Secretary of State who oversees us, and operates outwith the elected authority of the Scottish Parliament, is nothing less than a Westminster-appointed High Commissioner, that kowtowing British empire power symbol despised by the 60 former colonies that turned their backs on the empire for their independence, none of which begged to be suborned by Westminster rule again. Refusal to recognise our colonial status merely proves how successfully the propaganda has worked. Scotland will never be independent unless it creates a constitutional crisis – supported by hopefully peaceful direct action, as in Gandhi's leadership example – and this SNP have shown they just won't deliver it. Swinney is clearly hoping somehow indy will happen and his party can claim the credit for it, but won't force the issue. He is not prepared to poke the bear that needs poking. READ MORE: Will John Swinney surprise us with a courageous election manifesto? Scotland allegedly entered into a partnership in 1707, taken there by a small minority of self-interested traitors who allowed the English power to con us, with dissent crushed by the British (English) army. However that treaty is superior to the Scotland Act. Resile from the treaty and the Scotland Act is irrelevant. We have a democratically elected parliament, just the vehicle to reassert our authority. What we don't have is an SNP leadership prepared to step out of their establishment comfort zone to make it happen. The 2026 election is the ideal opportunity to set the agenda. Just one issue. Independence. Ignore the media onslaught on the SNP's record, good or bad. Use social media and street protests to drive the independence agenda. But it has to be declared from now. The argument has to be made clearly to push support higher. The alternative is to remain as a colony served by a High Commissioner about to waste money to develop the nuclear weapons base that imperils Scots like canon fodder and the English avoid because we let them. Choice stolen from us. We have to tell them we reject Ian Murray in his High Commissioner status, we reject his nuclear weapons and we reject his colonial British empire wannabe Westminster government. Independence NOW! Jim Taylor Scotland

Ian Murray accused of 'hypocrisy' after UK Government keeps 'damaging' post-Brexit law
Ian Murray accused of 'hypocrisy' after UK Government keeps 'damaging' post-Brexit law

Daily Record

time16-07-2025

  • Business
  • Daily Record

Ian Murray accused of 'hypocrisy' after UK Government keeps 'damaging' post-Brexit law

EXCLUSIVE: Labour's Scottish Secretary said in 2020 that the Internal Market Act was "damaging" and undermined devolution. Ian Murray has been accused of "hypocrisy" after the UK Government said it was keeping a post-Brexit law which he had previously said should be removed. ‌ Labour's Scottish Secretary said in 2020 that the Internal Market Act was "bad and damaging" and undermined devolution. He also voted against it while in opposition. ‌ The law was introduced to create a single market across the UK after Brexit. But it has since allowed UK ministers to override the Scottish Parliament. ‌ This happened with the Deposit Return Scheme, where the Tory Government refused to exclude it from the act. SNP MP Stephen Gethins has written to Murray asking him to "repeal and replace" the law. The Arbroath and Broughty Ferry MP said: "The Internal Market Act has stripped powers from the Scottish Parliament and has undone the work of its principal architect, Donald Dewar. "I am old enough to remember when Ian Murray stood against Brexit and voted down the Act which he described as damaging and that undermined the devolution settlement. "It is complete hypocrisy that now he has his feet under the cabinet table he now backs this legislation and endorses Brexit - picking apart the powers of Scotland's parliament. "This is yet another promise broken by the Labour Party and it is another blow to the devolution settlement - any politician from Scotland worth their salt must fight tooth and nail to see the Internal Market Act repealed." ‌ Holyrood twice voted against the Internal Market Act. Labour MSPs backed the most recent motion to scrap it in 2023. The UK Government published its review of the act on Tuesday. UK trade minister Douglas Alexander promised "improvements" to the law but made clear ministers have not considered scrapping it. ‌ He said "the review has not considered repeal of the Act or any of its provisions" because the UK Government has 'been explicit about the need for businesses to have certainty'. The UK Government is promising changes to the law, including the introduction of exclusions to the legislation. As well as considering economic impacts, issues of environmental protection and public health will also be looked at for exclusions – with the UK Government saying this ensures a 'balance of factors is considered'.

Minister vows ‘improvements' to Internal Market Act
Minister vows ‘improvements' to Internal Market Act

Leader Live

time15-07-2025

  • Business
  • Leader Live

Minister vows ‘improvements' to Internal Market Act

Mr Alexander however made clear that ministers have not considered scrapping the Internal Market Act (IMA), with the Scottish Government branding the results of the Westminster review 'completely unacceptable'. Angus Robertson, the Scottish Government's Constitution Secretary, insisted the legislation – which Holyrood has twice voted against – 'undermines' the Scottish Parliament. Mr Alexander however said the UK Government has 'been explicit about the need for businesses to have certainty', saying this is 'why the review has not considered repeal of the Act or any of its provisions'. He said the UK Government has instead 'pledged to explore improvements in the way the Act's provisions operate', adding 'very real concerns' have been raised. Following the UK's departure from the European Union, the then Tory UK government introduced the IMA in order to create a single market across the four nations of the UK. The legislation however caused difficulties for the Scottish Government when it attempted to introduce a deposit return scheme for empty cans and bottles ahead of the rest of the UK. In the wake of the review, the UK Government is promising changes, including the introduction of exclusions to the legislation, that have been agreed by all governments within a common framework. As well as considering economic impacts, issues of environmental protection and public health will also be looked at for exclusions – with the UK Government saying this ensures a 'balance of factors is considered'. Mr Alexander stressed the importance of having a 'well-functioning UK internal market' as part of the Government's 'ambition to improve economic growth for the benefit of businesses and people in all parts of our country'. He added: 'Latest figures show that trade between the four nations of the UK is valued at £129 billion and that it is particularly important to the economies of Scotland, Wales, and Northern Ireland.' But Mr Robertson insisted the IMA had been introduced by the previous Conservative government 'without the consent of any devolved government or Parliament'. Speaking about the legislation, he added: 'It undermines the ability of the Scottish Parliament to use its powers to pursue devolved social and economic objectives in Scotland for the people to which it is accountable. 'It introduces radical new uncertainty as to the effect of laws passed by the Scottish Parliament and effectively provides a veto to UK ministers. 'Nothing set out in the UK Government's response to the review changes this position, which is completely unacceptable. 'The conclusion of the review falls well short of our stated position of repeal and replace the Internal Market Act, and indeed short of the legislative change required to mitigate the most damaging aspects of the operation of the IMA. 'It is important also to note that the Scottish Parliament has twice voted to repeal the Act – since it is fundamentally misconceived and incompatible with devolution.' While he said the Scottish Government welcomes the UK Government's intention 'to address some of the most egregious issues with the function of the IMA exclusions process', he added that SNP ministers 'remain concerned that there is no clear vehicle to give meaningful effect to these changes, which work against our shared interests to promote growth, protect jobs and ensure seamless trade across the UK nations'.

Minister vows ‘improvements' to Internal Market Act
Minister vows ‘improvements' to Internal Market Act

South Wales Guardian

time15-07-2025

  • Business
  • South Wales Guardian

Minister vows ‘improvements' to Internal Market Act

Mr Alexander however made clear that ministers have not considered scrapping the Internal Market Act (IMA), with the Scottish Government branding the results of the Westminster review 'completely unacceptable'. Angus Robertson, the Scottish Government's Constitution Secretary, insisted the legislation – which Holyrood has twice voted against – 'undermines' the Scottish Parliament. Mr Alexander however said the UK Government has 'been explicit about the need for businesses to have certainty', saying this is 'why the review has not considered repeal of the Act or any of its provisions'. He said the UK Government has instead 'pledged to explore improvements in the way the Act's provisions operate', adding 'very real concerns' have been raised. Following the UK's departure from the European Union, the then Tory UK government introduced the IMA in order to create a single market across the four nations of the UK. The legislation however caused difficulties for the Scottish Government when it attempted to introduce a deposit return scheme for empty cans and bottles ahead of the rest of the UK. In the wake of the review, the UK Government is promising changes, including the introduction of exclusions to the legislation, that have been agreed by all governments within a common framework. As well as considering economic impacts, issues of environmental protection and public health will also be looked at for exclusions – with the UK Government saying this ensures a 'balance of factors is considered'. Mr Alexander stressed the importance of having a 'well-functioning UK internal market' as part of the Government's 'ambition to improve economic growth for the benefit of businesses and people in all parts of our country'. He added: 'Latest figures show that trade between the four nations of the UK is valued at £129 billion and that it is particularly important to the economies of Scotland, Wales, and Northern Ireland.' But Mr Robertson insisted the IMA had been introduced by the previous Conservative government 'without the consent of any devolved government or Parliament'. Speaking about the legislation, he added: 'It undermines the ability of the Scottish Parliament to use its powers to pursue devolved social and economic objectives in Scotland for the people to which it is accountable. 'It introduces radical new uncertainty as to the effect of laws passed by the Scottish Parliament and effectively provides a veto to UK ministers. 'Nothing set out in the UK Government's response to the review changes this position, which is completely unacceptable. 'The conclusion of the review falls well short of our stated position of repeal and replace the Internal Market Act, and indeed short of the legislative change required to mitigate the most damaging aspects of the operation of the IMA. 'It is important also to note that the Scottish Parliament has twice voted to repeal the Act – since it is fundamentally misconceived and incompatible with devolution.' While he said the Scottish Government welcomes the UK Government's intention 'to address some of the most egregious issues with the function of the IMA exclusions process', he added that SNP ministers 'remain concerned that there is no clear vehicle to give meaningful effect to these changes, which work against our shared interests to promote growth, protect jobs and ensure seamless trade across the UK nations'.

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